Hemolin Co. v. Harway Dyewood & Extract Mfg. Co.

Citations

• 131 F. 483
• 1904 U.S. App. LEXIS 4918

Syllabus

<p>1. Patents — Infringement—Process of Making Logwood Extract.</p> <p>Tlie Austen patent, No. 491,972, for an improvement in the art of making coloring matter from logwood, which covers a process and the resulting product, the process consisting of adding to logwood extract an alkaline nitrite in the presence of water, causing a reaction between them, and evaporating the product to dryness, when it is commonly ground and put up in the form of a dry powder, held not anticipated, valid, and infringed.</p> <p>2. Same.</p> <p>Where a defendant charged with infringement of a process patent admits that Ms product is the same, and that in making it the same materials are used and steps taken as called for by the patent, a mere denial that the process followed is the same, without disclosing the one claimed to be used, is insufficient to negative infringement.</p>